SOCI – Bill C-71 – December 5, 2024

Confidence of the King’s Privy Council until introduced in Parliament

First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

House of Commons of Canada

BILL C-

An Act to amend the Citizenship Act (2024)

First Reading, 2024

Advance Copy — To be formatted and reprinted by Parliament

Minister of Immigration, Refugees and Citizenship

Summary

This enactment amends the Citizenship Act to, among other things,

• (a) ensure that citizenship by descent is conferred on all persons who were born outside Canada before the coming into force of this enactment to a parent who was a citizen;
• (b) confer citizenship by descent on persons born outside Canada after the first generation, on or after the coming into force of this enactment, to a parent who is a citizen and who had a substantial connection to Canada before the person’s birth;
• (c) allow citizenship to be granted under section 5.1 of that Act to all persons born outside Canada who were adopted before the coming into force of this enactment by a parent who was a citizen;
• (d) allow citizenship to be granted under section 5.1 of that Act to persons born outside Canada who are adopted on or after the coming into force of this enactment by a parent who is a citizen and who had a substantial connection to Canada before the person’s adoption;
• (e) restore citizenship to persons who lost their citizenship because they did not make an application to retain it under the former section 8 of that Act or because they made an application under that section that was not approved; and
• (f) allow certain persons who become citizens as a result of the coming into force of this enactment to access a simplified process to renounce their citizenship.

1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024

House of Commons of Canada

BILL C-

An Act to amend the Citizenship Act (2024)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-29

Citizenship Act

2008, c. 14, s. 2(1)

1 (1) Paragraph 3(1)(f) of the Citizenship Act is amended by adding “or” at the end of subpara - graph (i), by striking out “or” at the end of subparagraph (ii) and by repealing subparagraph (iii).

2008, c. 14, s. 2(1)

(2) Paragraph 3(1)(h) of the Act is replaced by the following:

• (h) the person was granted citizenship on or after January 1, 1947 but before April 17, 2009, the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, the person took the oath of citizenship;
• 2008, c. 14, s. 2(1)

(3) The portion of paragraph 3(1)(i) of the Act before subparagraph (i) is replaced by the following:

(4) Section 3 of the Act is amended by adding the following after subsection (1.4):

Citizen despite death of parent

(1.5) A person who would not become a citizen under one of the paragraphs of subsection (1) for the sole reason that their parent or both their parent and their parent’s parent died before the coming into force of An Act to amend the Citizenship Act (2024) is a citizen under that paragraph if that parent — or both that parent and that parent’s parent — but for their death, would have been a citizen as a result of the coming into force of that Act.

2014, c. 22, s. 2(6)

(5) Paragraphs 3(2.1)(a) and (b) of the Act are replaced by the following:

• (a) before January 1, 1947, the person made a declaration of alienage; or
• (b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

2014, c. 22, s. 2(6)

(6) Subsection 3(2.2) of the Act is replaced by the following:

Not applicable — paragraphs (1)(b), (g) and (h) Inapplicabilité — alinéas (1)b), g) et h)

(2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

2014, c. 22, s. 2(6)

(7) Paragraphs 3(2.3)(a) and (b) of the Act are replaced by the following:

• (a) before April 1, 1949, the person made a declaration of alienage; or
• (b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

2008, c. 14, s. 2(2); 2014, c. 22, ss. 2(6), (8) and (9)(F)

(8) Subsections 3(2.4) and (3) of the Act are replaced by the following:

Not applicable — paragraphs (1)(b), (g) and (h)

(2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person be-came a citizen by way of grant on or after April 1, 1949 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

Not applicable — paragraphs (1)(b), (f) to (j), (q) and (r)

(2.5) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person who became a citizen by way of grant be-fore the day on which this subsection comes into force and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

Not applicable — after first generation

(3) Paragraph (1)(b) does not apply to a person born outside Canada on or after the day on which An Act to amend the Citizenship Act (2024) comes into force

• (a) if
  • (i) at the time of the person’s birth
    • (A) only one of the person’s parents was a citizen and that parent was a citizen under any of paragraphs (1)(b), (c.1), (e), (g) to (j) and (o) to (r) and was born outside Canada,
    • (B) only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(f) and was born outside Canada to a parent who was a citizen at the time of their birth, or
    • (C) both of the person’s parents were citizens under any of paragraphs (1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of a parent who was a citizen under paragraph (1)(f), that parent was born to a parent who was a citizen at the time of their birth, and
  • (ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s birth; or
• (b) if
  • (i) at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions or both of the person’s parents were citizens under any of the following provisions:
    • (A) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,
    • (B) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,
    • (C) paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),
    • (D) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),
    • (E) paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),
    • (F) paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),
    • (G) subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or
    • (H) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act, and
  • (ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s birth.

2014, c. 22, ss. 2(10) and (11)

(9) Subsections 3(4) and (4.1) of the Act are repealed.

2014, c. 22, s. 2(13)

(10) Subsections 3(5.1) and (5.2) of the Act are repealed.

2014, c. 22, s. 2(15)

(11) Subsection 3(6.2) of the Act is replaced by the following:

Citizenship other than by way of grant

(6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsections (2.4) and (2.5) and subparagraphs 27(1)(j.1)(ii) to (iv), never to have been a citizen by way of grant.

(12) Section 3 of the Act is amended by adding the following after subsection (6.3):

Deemed application

(6.4) A person who is referred to in paragraph (1)(b) and also in paragraph (1)(f) is deemed to be a citizen only under paragraph (1)(f).

Citizenship other than by way of grant

(6.5) A person who is referred to in any of paragraphs (1)(b), (f) to (j), (q) and (r) as a result of the coming into force of An Act to amend the Citizenship Act (2024) and who became a citizen by way of grant before the coming into force of that Act is deemed, except for the purposes of paragraphs (1)(h) to (j) and (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsections (2.4) and (2.5) and subparagraph 27(1)(j.1)(iv), never to have been a citizen by way of grant.

2008, c. 14, s. 2(2)

(13) The portion of paragraph 3(7)(a) of the Act before subparagraph (i) is replaced by the following:

2014, c. 22, ss. 2(16) and (17)

(14) Paragraphs 3(7)(h) and (i) of the Act are replaced by the following:

2014, c. 22, s. 2(19)

(15) Subsection 3(9) of the Act is replaced by the following:

Definition of by way of grant

(9) In subsections (2.1) to (2.5), (6.2) and (6.5), by way of grant means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.

2 Subsection 4(2) of the Act is replaced by the following:

Child born after death of parent

(2) For the purposes of paragraph 3(1)(b), subsection 3(2) and subparagraph 3(3)(a)(i), if a child is born after the death of either of their parents, the child is deemed to have been born before the death of that parent.

2008, c. 14, s. 4(2)

3 Paragraph 5(5)(a) of the Act is replaced by the following:

2014, c. 22, ss. 4(9) and (10)

4 (1) Subsection 5.1(4) of the Act is replaced by the following:

Not applicable — after first generation

(4) No person who is adopted on or after the day on which An Act to amend the Citizenship Act (2024) comes into force may be granted citizenship under any of subsections (1) to (3)

• (a) if
  • (i) at the time of the person’s adoption
    • (A) only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under any of paragraphs 3(1)(b), (c.1), (e), (g) to (j) and (o) to (r) and was born outside Canada,
    • (B) only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under paragraph 3(1)(f) and was born outside Canada to a parent who was a citizen at the time of the adoptive parent’s birth, or
    • (C) both of the person’s adoptive parents were citizens under any of paragraphs 3(1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of an adoptive parent who was a citizen under paragraph 3(1)(f), that adoptive parent was born to a parent who was a citizen at the time of the adoptive parent’s birth, and
  • (ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s adoption; or
• (b) if
  • (i) at any time, only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under any of the provisions referred to in clauses 3(3)(b)(i)(A) to (H) or both of the person’s adoptive parents were citizens under any of those provisions, and
  • (ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person’s adoption.

2014, c. 22, s. 4(11)

(2) Subsection 5.1(6) of the Act is replaced by the following:

Death of parent

(6) A person who would not be granted citizenship under any of subsections (1) to (3) for the sole reason that their adoptive parent or both their adoptive parent and their adoptive parent’s parent died before the coming into force of An Act to amend the Citizenship Act (2024) may be granted citizenship under that subsection if that adoptive parent — or both that adoptive parent and that adoptive parent’s parent — but for their death, would have been a citizen as a result of the coming into force of that Act.

2014, c. 22, s. 5

5 The portion of section 5.2 of the Act before paragraph (a) is replaced by the following:

Citizenship by way of grant under section 5.1 — grandchild of person in service abroad

5.2 A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of clauses 3(3)(b)(i)(A) to (H) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this section, to have been granted citizenship under section 5.1:

6 Paragraph 27(1)(j.1) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

Coordinating Amendments

Bill S-17

7 (1) Subsections (2) and (3) apply if Bill S-17, introduced in the 1st session of the 44th Parliament and entitled the Miscellaneous Statute Law Amendment Act, 2023 (in this section referred to as the “other Act”), receives royal assent.

(2) If subsection 1(11) of this Act comes into force before section 17 of the other Act, then that section 17 is deemed never to have come into force and is repealed.

(3) If section 17 of the other Act comes into force on the same day as subsection 1(11) of this Act, then that section 17 is deemed to have come into force before that subsection 1(11).

Coming into Force

Order in council

8 This Act, other than section 7, comes into force on a day to be fixed by order of the Governor in Council.

Explanatory Notes

Citizenship Act

Clause 1: (1) to (3) Relevant portion of subsection 3(1):

3 (1) Subject to this Act, a person is a citizen if

(4) New.

(5) to (9) Existing text of subsections 3(2.1) to (4.1):

(2.1) Paragraphs (1)(k), (m), (o) and (q) do not apply to a person if

• (a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
• (b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently
  • (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
  • (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

(2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently

• a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
• (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

(2.3) Paragraphs (1)(l), (n), (p) and (r) do not apply to a person if

• (a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
• (b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently
  • (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
  • (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

(2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently

• (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
• (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).

(3) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person born outside Canada

• (a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;
• (a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs;
• (a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or
• (b) if, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions:
  • (i) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,
  • (ii) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,
  • (iii) paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),
  • (iv) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),
  • (v) paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),
  • (vi) paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),
  • (vii) subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or
  • (viii) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act.

(4) Subsection (3) does not apply to a person who, on the coming into force of that subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of any of paragraphs (7)(d) to (g) in respect of one of his or her parents.

(4.1) Subsection (3) does not apply to a person who, on the coming into force of this subsection, was a citizen. However, that subsection applies to a person who, on that coming into force, would have been a citizen under paragraph (1)(b) or (g) only by operation of paragraph (7)(i), (k) or (m) in respect of one of his or her parents.

(10) Existing text of subsections 3(5.1) and (5.2):

(5.1) A person who is born outside Canada to a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in subparagraphs (3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2) or (4) or 11(1) of this Act is deemed, as of the coming into force of this subsection, never to have been a citizen by way of grant:

• (a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
• (b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

(5.2) Subsection (5.1) does not apply to a person born outside Canada after February 14, 1977 who, before April 17, 2009, ceased to be a citizen because he or she failed to make an application to retain his or her citizenship under section 8, as it read before April 17, 2009, or made an application but the application was not approved.

(11) Existing text of subsection 3(6.2):

(6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of his or her parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsection (2.4) and subparagraphs 27(j.1)(ii) and (iii), never to have been a citizen by way of grant.

(12) New.

(13) and (14) Relevant portion of subsection 3(7):

(7) Despite any provision of this Act or any Act respecting naturalization or citizenship that was in force in Canada at any time before the day on which this subsection comes into force

(15) Existing text of subsection 3(9):

(9) In subsections (2.1) to (2.4) and (6.2), by way of grant means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.

Clause 2: Existing text of subsection 4(2):

(2) For the purposes of paragraph 3(1)(b) and subsection 3(2), where a child is born after the death of either of his parents, the child shall be deemed to have been born before the death of that parent.

Clause 3: Relevant portion of subsection 5(5):

(5) The Minister shall, on application, grant citizenship to a person who

(a) is born outside Canada after the coming into force of this subsection;

Clause 4: (1) Existing text of subsection 5.1(4):

(4) No person who is adopted may be granted citizenship under any of subsections (1) to (3)

• (a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;
• (a.1) if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;
• (a.2) if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; or
• (b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.

(2) Existing text of subsection 5.1(6):

(6) Paragraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 if

• (a) only one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); and
• (b) the other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).

Clause 5: Relevant portion of section 5.2:

5.2 A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of subparagraphs 3(3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this section, to have been granted citizenship under section 5.1:

Clause 6: Relevant portion of subsection 27(1):

27 (1) The Governor in Council may make regulations